Tex. Fam. Code § 65.259 · Subchapter F. ENFORCEMENT OF ORDERS
CONDUCT OF ENFORCEMENT HEARING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The movant must prove beyond a reasonable doubt that the person against whom enforcement is sought engaged in conduct constituting contempt of a reasonable and lawful court order as alleged in the motion for enforcement.
(b) The person against whom enforcement is sought has a privilege not to be called as a witness or otherwise to incriminate himself or herself.
(c) The truancy court shall conduct the enforcement hearing without a jury.
(d) The truancy court shall include in the court's judgment:
(1) findings for each violation alleged in the motion for enforcement; and
(2) the punishment, if any, to be imposed.
(e) If the person against whom enforcement is sought was not represented by counsel during any previous court proceeding involving a motion for enforcement, the person may, through counsel, raise any defense or affirmative defense to the proceeding that could have been asserted in the previous court proceeding that was not asserted because the person was not represented by counsel.
(f) It is an affirmative defense to enforcement of a truancy court order under Section 65.253 that the court did not provide the parent or other eligible person with due process of law in the proceeding in which the court entered the order.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.65.htm
- Text hash
- sha256 4d90d083c8e34b0cfc9d17facc555815bc4ffd4ab1903120f7e91dbd3dde8556
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.